West Bengal Act XXVHI of 1964'
THE WEST BENGAL HIGHWAYS ACT, 1964.
Wcsl Ben. Act XXXI or 1965.
Wcsl Ben. Acl XXVIII of 1978.
[5th January, 1965. ]
An Act to provide for the maintenance and control of highways, the prevention
of encroachments thereon and the removal of encroachments therefrom,
and for certain other matters connected therewith.
WHEREAS il is expedient to provide Tor the maintenance and control of
highways, the prevention of encroacbmcnts Lliereon and the removal of
encroachments therefrom, and for certain other matters connected therewith;
ll is hereby cnacled in the Fifteenth Year of the Republic of India, by the
Legislature of West Bengal, as follows:—
CHAPTER I.
[ Preliminary.
AMENDED
1.
(1) This Act may
be called the West Bengal Highways
Acl, 1964.
(2) It extends to the whole of West Bengal.
(3) Il shall come into force at once.
2. In this Act, unless there is anything repugnant in the subject or
context,—(a) "District Magistrate" includes an additional District Magistrate;
(b) "encroachment" means any occupation or use of any highway or
part thereof by any unauthorised person and includes any
projection on, over or under such highway;
-(bb) "Government road" means a road, vested in the Government, or
under the control and administration of the Public Works
Department of the State Government, and includes—
(i) the slope, berm, borrow-pits and side-drains of any such
road;
(ii) all lands and embankments vested in, or under the control
and administration of, the said Public Works Department,
and attached to a Government road;
'For Statement of Objects and Reasons and Financial Memorandum of [he Bill. see ihe Calcutta
Gnzeite, Extraordinary, of the 6th July, 1962, Pun IVA, page 2079; for proceedings of I he Wesi
Bengal Legislative Assembly, see the proceedings of Ihe meetings of that Assembly held on the 1st,
5th, 6th and 7ih August, 1963 and the 13lb August, 1964; and Tor proceedings of West Bengal
Legislative Council, see (he proceedings of [he meetings of that Council held on Ihe 26lh August,
1961 and the 18th August, 1964,
:
Clausc (bb) was inserted by s. 2(i) orthe West Bengal Highways (Amendment) Act, [965 (West
Ben. Acl XXXI of 1965).
Short lilJe.
c.ilrjil and
commencement.
Definition
s,
^v^gn^R^vga
^R^Bq
634
The West Bmigat Highways Act, 1964.
[West Ben. Act
(Chapter 11.—Declaration of Highways.—Sections 3, 4.)
(iii) all bridges, culverts or causeways built on or across ... any
Government road: and
(iv) all fences and posts on any Government road or on any land
attached to a Government road, and all road-side trees on
such land:
Provided thai nothing in the definition shall affcct the provisions or the
Calcutta Municipal Act, 1951, or West Ben. of any rule or by-law nude
thereunder, in so far as they empower the Corporation of Calcutta to
take action in
'
respect or the Government roads now under the control of the
Corporation.
''
(c) '["highway" means—
(1) any Government road, or
(2) any other road, slreel, path, way or land, other than a national highway
within the meaning of the National Highways Act, 1956, which is
declared by the State 4Soft956. Government lo be a highway under section
3 and
includes—]
(i) ihe Hanks, footpaths, pavements and drains adjoining such
highway;
(ii) ail bridges, culverts, causeways, carriageways and other structures
built on or across such highway;
and
(iii) any land in the possession of the State Government or any other
authority adjoining such highway,
used or intended to be used for purposes of the
highway;
(d) "Highway Authorily"means the authority appointed under section
5; and
(e) "prescribed" means prescribed by rules made under this Aui.
=
CHAPTER II.
Declaration of Highways.
3. (I) The State Government may, by notification in the Official Gazette,
declare any road, street, path, way or land to be a highway.
(2) Such notification may specify ific boundaries of such highway.
(3) The Highway Authority may demarcate the boundaries of the highway
by placing and maintaining stones or other suitable marks at intervals all along
the highway in such manner as may be prescribed.
4. The right of the public to use a highway shall be subject to the
provisions of ihis Act and the rules made thereunder.
Declaration 0
Hugh way.
Public right
id use a
highway.
'The ponion within (he square brackets were substituted fori he words1 "highway" means any
road, street, path, way or land, other [han a national highway, wilhin the meaning of ihe National
Highways Acl. 1956, which is declared by the Slalc Government ID be J highway under sec! ion 3
includes—'bys. 2(ii)ofLhc West Bengal Highways (Amendment) Aci, 1965
■ww
*
The West Bengal Highways Act, 1964.
635
XXVIII of 1964.]
(Chapter I!!.—-Appointment of Highway Authority and his functious.- Scciions 5-7.—Chapter
IV.—Prevention and removal of encroachment.—Section 8.)
CHAPTER III,
Appointment of Highway Authority and his functions.
5. The Slate Government may, by notification in the Official Appoimnwm Gazette,
appoint one or more officers to be Highway Authority for the Au'ihoriTy^
purposes of this ACL.
6, Subject to such conditions as may be prescribed, the Highway Authority Powers and
(I mies or
shall exercise powers and discharge duties in accordance with the provisions of Highway
this Act relating to the maintenance and control of the highways, the prevention Auihoriiy.
of encroachments thereon and the removal of encroachments therefrom, and matters incidental
thereto.
7. The Stale Government may appoint such staff as it deems neccssary to assist
the Highway Authority. -
Sfaffoflhc
Highway
Auihoriiy.
CHAPTER IV.
Prevention and removal of cncroachmcnt. 8. (1) No person shall make any encroachment without obtaining Permission previous
permission in writing of the Highway Authority or any officer "^h- not below the rank of an
Assistant Engineer authorised by him in this mem. behalf.
(2) The Highway Authority or such officer may, having due regard to the
safety and convenience of traffic and subject to such conditions and on
payment of such fee or other charge as may be prescribed,
grant a permit to any person to use or occupy temporarily any land
appertaining to or adjoining a highway for such period as may be specified
therein. ,
.
(3) Any person holding a permit granted under sub-section (2)
shall, if required, produce it for inspection before the Highway Authority or
any officcr authorised under sub-section (1) and shall on the expiry of the
period specified therein resLore the land under his use or occupation to its
original condition and make over possession thereof to the Highway Authority
or the officer referred to in sub-
•>t<^yyvs'vvL-ssssv'^s^'-*vj
636
The West Bengal Highways Act, 1964.
[West Ben. Act
(Chapter IV.—Prevention and removal of encroachment.—
Sections 9,10.)
9. (1) The Highway Authority may cancel any permit granted under section 8 if—
(a) any fee or charge iherefor is not duly paid, or
(b) [he purpose for which the permit was granted has ceased to exist,
or
(c) there is breach of any of the terms and conditions of such permit,
or
(d) the land covered by such permit is required by such authority, or
(c) the use or the occupation of the land covered by the permit by the
permit-holder is causing impediment, obstruction or
inconvenience to the use of the highway by the public.
l\mci''ro
(2) Where the permit is cancelled under clause (b) or clause (d) of subcancel
permission.
section (1), the permit-holder shall be entitled to a refund, in respect of the
unexpired period of the permit, of a proportionate amount of any fee or charge
which may have been paid by him.
Removal of
rr11 -
10. (1) If any person,—
(a) is found to have made an encroachment on any road, street,
path, way or land which is declared to be a highway under subscction (1) of section 3, or
(b) makes an encroachment on a highway in contravention of the
provisions oF section 8, or
(c) docs not remove an encroachment on the expiry or cancellation of
any permit granted to him,
the Highway Authority or any officer authorised by him in this behalf shall
serve a notice on him requiring him to remove the encroachment and restore
the highway to its original condition wihin the period specified in the notice.
(2) If the encroachment is not removed wilhin the lime specified in the
noiiuc, the Highway Authority or the officer authorised under subsection (1)
may make an application to '[an Executive Magistrate], having jurisdiction
over the area, not being the Dislrict Magistral, for removal of the encroachment
and delivery of possession of the land encroachcd upon to the Highway
Authority or such officer.
(3) Such Magistrate may, on receiving the application and after notice to
the person responsible Tor the encroachment and on taking such evidence, if
any, as he thinks fit, make an order authorising the authority or officer to
recover possession and remove the encroach- mcnt in question and may, if
neccssary, direct the policc to assist in the enforcement of (he order.
'The words wilhin ihe squire brackets were subslilutcd for Ihe words "a Magistrate uf ihe first
class" by 5,2 ohtic West Bengal Highways (Amendment) Acl, 1978 (Wcsl Ben. Acl
The West Bengal Highways Act. 1964.
637
XXVin of 1964.]
(Chapter IV.—Prevention and removal of encroachment.— Section il.—Chapter
V.—Supplemental provisions to secure safety of traffic and prevention of da
wage to highways.—Section 12.)
(4) ir ihe person responsible for ihe encroachment is aggrieved by ihe order
of ihe Magistrate made under sub-section (3) he may, wilhin fifteen days from
the dale of the Magistrate's order, appeal to the District Magistrate. The District
Magistrate shall, after hearing the parlies, make an order affirming, modifying
or setting aside ihe order made under sub-section (3).
11. (1) Any cost incurred by the Highway Authority or the officer
authorised under sub-section (1) oT section 10 in removing any encroachment
shall be recoverable from the person responsible for ihe encroachment in (he
manner hereinafter provided after giving him an opportunity of making any
representation he may wish to make in the matter.
(2) A notice of demand for such cost shall be served by such authority or
officcr on such person requiring payment of the same within such time as may
be specified in the notice.
(3) If such person pays the cost of removal within the lime specified in the
notice referred lo in sub-section (2),- the materials, if any, obtained on removal
of [he encroachment shall be made over to him.
(4) If such person fails to pay up the amount of cost within the lime
specified, such materials may be sold in the manner prescribed and the
proceeds appropriated towards the cost of removal, and the balance, if any,
shall be made over to such person.
(5) If the proceeds do not cover ihe amount of cost the deficiency, or if
there are no materials to be sold and if the amount of cost has not been paid
within the time specified in the notice referred to in sub-section (2), the amount
of cost shall be recoverable from the person responsible for the cncroachmenl
as a public demand.
Rctovciy
ofcos I
of
removal
of
encroach
- mcni.
CHAPTER V.
Supplemental provisions to secure safety of traffic and prevention of
damage to highways.
12. (1) If any person, owning [and adjoining a highway near a bend or a
corner thereof, intends to construct a building or structure thereon, he shall
make an application to the Highway Authority, in such form and with such
particulars as may be prescribed, for approval, authorising such construction.
(2) If the Highway Authority is satisfied that such construction will not
obstruci the view of persons using the highway, he shall give such
Restriction
on the use
of land
adjoining 3
highway for
the
prevention
of
obstruction
of view.
638
The West Bengal Highways Act, 1964.
[West Ben. Act
(Chapter V.—Supplemental provisions to secure safety of traffic and prevention
of damage to highways.—Sections 13-15.)
(3) IF ihe Highway Authority refuses to give such approval, he shall
communicate the order of refusal lo the applicant.
(4) The applicant may, within thirty days from ihe dale on which such
order of refusal is communicated to him, appeal lo the State Government.
(5) The State Government may, after giving an opportunity lo the
applicant lo be heard, dismiss the appeal, or allow it and give such approval.
(6) If the appeal is dismissed the Slate Government may, of its own
motion oral the request of the owner, acquire the land or any pari thereof in
accordance with any law Tor ihe lime being in force for the purposes of ihe
highway.
(7) The Stale Government may authorise an officer, nol below ihe rank of
an Additional District Judge or an Additional District Magistrate, to hear and
dispose of an appeal referred lo in sub-section (4).
Praia bit ion
or rtsinclion
ofuicaf ve
hie lis on
certain
highways.
Power lo
cloit
highway
temporarily
or regulale
Ira file.
13. Where a highway or any portion thereof is nol designed lo carry
vehicles of which ihe laden weight exceeds such limit as may be fixed by ihe
Highway Authority in this behalf, he may, subject lo such conditions as may be
prescribed, prohibit or restrict the plying of such vehicles on or over such
highway or such part of the highway.
14. (I) ir any portion of a highway is in need of immediate repairs or is or
has been rendered unsafe Tor vehicular or pedestrian traffic by reason of
damage or otherwise, the Highway Authority may, subject lo such conditions
as may be prescribed, either close that portion of the highway to all traffic or to
any class of traffic temporarily for effecting repairs or protective works, or
impose reasonable restrictions in respect of the speed or laden weight of
vehicles using such portion of the highway.
(2) Where under sub-secCion (1) the Highway Authority closes any
portion of a highway temporarily, any land adjoining such portion of the
highway may be requisitioned or acquired in accordance wilh any law for the
lime being in force for the construction of a temporary diversion road.
(3) Any such temporary diversion road shall be deemed to be a part of the
highway,
■
Prevenlion
of damage to
highway.
15. (1) No person shall cause, by any vehicle or animal in his charge or
otherwise, any damage to or obstruction on any highway.
(2) The Highway Authority or any officer authorised by him may remove
nnv nh^rnirtinn frnm (lie hiohwnv and mav if nerr^rtrv [hp
The West Bengal Highways Act, 1964.
639
XXVin of 1964.]
(Chapter VI.—Penalties.—Sec!ions 16-20.—Miscellaneous.— Sections 21.)
CHAPTER VI.
Penalties.
16. Whoever wilfully disobeys any prohibition or restriction imposed under
section 13 or section 14, or obstructs any person or authority in the discharge of
any functions thai such person or authority is required or empowered under this
Act to discharge, shall, on conviction, be punished with fine which may extend
to five hundred rupees.
17. Whoever wrongfully removes or tampers with any stones or marks
placed by the Highway Authority for demarcating the boundaries of any
highway shall, on conviction, be punished with fine which may extend to one
hundred rupees.
18. Whoever in contravention of sub-section (1) of section 15 causes any
damage to or obstruction on any highway, shall, on conviction, be punished
with fine which may extend to one thousand rupees and shall in addition be
liable to pay the cost of repair of such damage or the cost of removal of such
obstruction, as the case may be.
19. Whoever contravenes any provision of this Act or of any rule or ordder
made [hereunder shall, iT no other penalty is provided for the offence, be
punished, on conviction,—
(a) for a first offence with fine which may extend Lo five
hundred rupees,
(b) for a subsequent offence with fine which may extend to one
thousand rupees.
20. An offence committed by any person under this Act may be compounded
by any Highway Authority on payment or such sum as such Authority may
determine and on payment thereof—
(a) no proceedings shall be commenced against such person;
and
(b) if any proceedings have already been commenced against
such person, such proceedings shall not be further
proceeded with.
Disobedience
oforders.elc.
Penally for
removal of
boundij
mack.
Causing
damage lo
highways.
General
provision for
punishment
ofodences.
Powcno
compound
offences.
CHAPTER VH. Miscellaneous.
21. The Highway Authority and the officers and other persons authorised or
appointed under this ACL shall be deemed to be public
Certain persons
lo be public
scrvn is.
The West Bengal Highways Act, 1964.
640
[West Ben. Act
(Chapter VII.—Miscellaneous.—Sections 22-25. )
BnrpT
jurii'dicliD
n,
Protection of
pcrcons
acling in
good faith.
22. No Civil Court shall have jurisdiction in rcspcct of any matter which
ihe Highway Authority, or an officer or person authorised under this Act is
empowered lo deal with under the provisions of this Act.
23. No suit, prosecution or other legal proceedings shall be instituted
against any authority or officer oi person duly authorised under this Act in
respect of anything in good faith done or intended lo be done under this Act or
the rules or orders made [hereunder.
24.
Sorvice of
notice.
Power la
make rules
A notice issued under this Act may be served,—
(a) by delivering or tendering it or sending it by post lo the
person to whom ii is addressed, or to his agent, or
(b) iFsueh a person or his agent is not found then by leaving it
at his usual or last-known place of abode or by delivering or
tendering it to some adult male member of his family:
Provided that if the address of such person is not known or such person
cannot be traced ai his last-known address service of noiicc at ihe site or the
encroachment shall be deemed to be service on him for ihe purposes or this
Aci.
25. (1) The Siale Government may, by notification in the Official
Gazelle, and subject (o ihe condition of previous publication, make rules to
carry out the purposes of this Aci.
(2) In particular and without prejudice to the generality of ihe foregoing
power, the State Government may make rules for all or any of the following
matters:—
(a) the conditions referred lo in sub-seclion (2) of scclion 8
suhject lo which use or occupation of any land appertaining
to or adjoining a highway may be permitted;
(b) the conditions subject lo which ihe plying of vehicles may
be prohibited or restricted under section 13;
(c) the conditions subject to which traffic may be closed or
reasonable restrictions in respect of the speed or laden
weight of vehicles may be imposed under section 14;
(d) the placing of boundary marks and ihcir maintenance;
(c) forms of applications and notices under this Act;
(f) fees or charges which may be imposed or levied under this
Act;
(g) discharge of functions under this Act by the Highway
Authority; and
finv nfhor m:»Mpr whifh rn hp s\r miv nri^e^riVir^
(Chapter VII.—Miscellaneous.— Sections 26-28.)
26. Nothing in this Act shall affcci—
641
The West Bengal Highways Act, 1964.
XXVIII of 1964.]
'
13 of ISS5.
(a) ihe rights ofany local authority to make any excavation for
the purposes of laying, making, altering, repairing or
renewing any sewer, drain, water course or other work; or
(b) Ihe rights of any authority under any law for the time being
in force to erect any support or make any
excavation for ihe purpose of laying, making, altering,
repairing or renewing any main, pipe, sluice, weir, clccuic
line, duet, drain or other apparatus in respect of gas, water,
electricity, railways, tramways or trolly vehicles; or
(c) any land belonging to a railway asministration when such
land is held or used by the railway administration for the
purpose of its railway; or
(d) the powers of the telegraph authority under the provisions of
the Indian Telegraph Act, 1885.
27. Save as provided in section 26, ihe provisions of this Act or rules
made thereunder shall have effcct notwithstanding anything to the contrary
contained in any other law for the time being in force.
Savings.
Provisions of
this Act or
ruleslo
prevail over
inconsistent
provisions in
other laws.
RepMl
,
Bun. Acl.
lit of 1925.
28. The Bengal Highways Acl, 1925, is hereby repealed.